QUESTION

Can I bring a suit against condo association for loss incurred due to litigation?

Asked on Feb 02nd, 2012 on Real Estate - New York
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I''m a condo owner in Nob Hill North, Ronkonkoma NY. The complex that has 2 condo associations, North and South. I reside on the north side. The South section has brought a lawsuit against the north section over common charges and voting rights last summer. They have gone into ligiation many times over the same issue. Settlements were made in the past. Since the lawsuit was issued last summer, sales for condos within the complex have been non-existent. I have spoken to realtors who are saying that it''s hard to sell these condos due to title issues from the lawsuit. Apparently mortgage companies are reluctant to give out loans, and FHA loans are not available (they were denied FHA designation because of the litigation). My condo has been on the market for almost 8 months. I was wondering if could I bring a lawsuit for lost equity and costs against the either of the associations? http://decisions.courts.state.ny.us/fcas/fcas_docs/2011oct/51001592220111sciv.pdf
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1 ANSWER

General Practice Attorney serving New York, NY at The Law Office of Walter Jennings, P.C.
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 It's highly unlikely that you would be able to prevail in such a lawsuit. Clearly the warring factions of the condo have legitimate claims and cross claims. The mere fact that they are in litigation is not a defensible claim, regardless of the effect on the sales. You should seek a consultation from an attorney in your area that might have some other remedies for you.  
Answered on Feb 03rd, 2012 at 12:32 PM

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